Architects and contractors are concerned about a backlog of applications for building permits that they say is holding up development and slowing the economy.
Several firms told the Cayman Compass that holdups at the Building Control Unit were delaying projects. One architectural firm said they had to wait eight weeks to get the go ahead for a sign.
Heber Arch, chair of the Cayman Contractors Association, acknowledged that delays in getting permits, known as red cards, are a common cause of complaint from members.
He said the BCU was frequently understaffed but was not solely to blame for delays as they often had to deal with poor quality drawings and designs that are not up to building code.
He believes something could be done to make the whole process quicker and more efficient.
“Our members do complain a lot about the time it takes to get permits,” said Mr. Arch.
“I think it does affect the industry to some extent. There is so much unemployment. The sooner a project can begin, the sooner people can get to work. Everything seems to be over-regulated. There is a lot of red tape.”
Lyle Frederick of architectural firm Frederick and McRae Ltd. said the approval process is time consuming and causes delays, with even modest applications taking up to eight weeks to get approval.
He added, “Previously we used to be in a position to advise our clients to allow three to four weeks for a Building Control review. Now we are advising them that it could take upwards of six weeks for a permit.”
He said he had one project going through the planning and building control process for more than three months. Recently, a simple signage application took eight weeks to get approved, he said.
Mr. Frederick believes the process could be simplified by requiring architects to be registered professionals and having them stamp or seal their drawings as building code compliant – making them legally liable for the designs and reducing the amount of work that BCU staff would need to do.
He said, “If that happened, the review process should not need to be as in-depth, as the responsibility would fall back to the liabilities of the professional. It would also put the onus on the registered professional to ensure that the documents they are presenting are detailed and up to the requirements of the building codes.”
Sam Small, managing director of engineering firm SEL Consulting, believes a lot of time and energy is spent at the Building Control Unit dealing with designs that are not up to standard, some of them submitted by firms that are not even licensed to work in Cayman.
He said legitimate firms are being forced to wait in line for permits, behind those that are not licensed or qualified to operate in the Cayman Islands.
In a previously unreleased Investigation Report from the Complaints Commissioner on the issue, the Planning Department acknowledges that it is not checking whether firms that submit designs have trade and business licenses, and that it is not enforcing a section of the law which states only “approved agents” are allowed to submit designs.
The department argued that the law is too vague, but Complaints Commissioner Nicola Williams disagreed.
She ruled, in the August 2013 investigation report, that it should have a system in place to verify the credentials of anyone submitting plans and applications for building permits.
Mr. Small said, “The root cause of much of the delay is that they refuse to enforce the ‘approved agent’ clause of the planning law and allow, for whatever reason, firms and members of the public who are not legally allowed to submit drawings.”
In her findings and recommendations, Ms. Williams, ruled, “I find that the authority is obligated by law to be reasonably satisfied that any person submitting an application for planning approval as a professional agent is licensed to conduct business in this jurisdiction.”
She says proof of a valid Trade and Business License along with applications would suffice.
She adds that the Department of Planning should implement a system of acceptable criteria for people to be considered “approved agents” based on being licensed to operate in the jurisdiction. Questions to the Department of Planning went unanswered by press time on Tuesday.
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